Consumer Rights: MoneySavingExpert.com discussion

JM5

Hello,

I bought a patent leather handbag on 25th May 2009 from a shop at Bicester Village. A couple of weeks ago I noticed that the handles were developing cracks. I stopped using it and took it back, with receipt and original dustbag and carrier bag, last week (i.e. the earliest opportunity i had to do so). N.B. I have not used it for anything other than carrying around my purse, umbrella, small items, etc. I am currently waiting to see whether I will get a refund - the assistant manager of the shop said she needed to clear it with her regional manager (as the shop's manager was on holiday). She seemed to think that it might constitute 'wear and tear', in which case I 'wouldn't be entitled to a refund'. But I thought that under the SGA 1979 there was an assumption that if an item breaks within the first 6 months and i've used it for its proper purpose, the fault was there at the time of purchase (even if latent) and that 'wear and tear' wasn't an argument that could be used on the trader's part. I can't see how she can prove that the fault wasn't there...

What I'd really like to know is what to say if she calls and says I am not entitled to a refund (and does not offer me repair or replacement) and that her manager will not authorise it. What would be the next step? Trading standards? Small claims? I don't want to sound threatening, though. But I don't think it is reasonable for a handbag costing £155 to begin to break up after less than 3 months' normal use...or is it? I would really appreciate MSE's advice.

Thanks xx

Art_2

JM5 wrote: »

Hello,

I bought a patent leather handbag on 25th May 2009 from a shop at Bicester Village. A couple of weeks ago I noticed that the handles were developing cracks. I stopped using it and took it back, with receipt and original dustbag and carrier bag, last week (i.e. the earliest opportunity i had to do so). N.B. I have not used it for anything other than carrying around my purse, umbrella, small items, etc. I am currently waiting to see whether I will get a refund - the assistant manager of the shop said she needed to clear it with her regional manager (as the shop's manager was on holiday). She seemed to think that it might constitute 'wear and tear', in which case I 'wouldn't be entitled to a refund'. But I thought that under the SGA 1979 there was an assumption that if an item breaks within the first 6 months and i've used it for its proper purpose, the fault was there at the time of purchase (even if latent) and that 'wear and tear' wasn't an argument that could be used on the trader's part. I can't see how she can prove that the fault wasn't there...

What I'd really like to know is what to say if she calls and says I am not entitled to a refund (and does not offer me repair or replacement) and that her manager will not authorise it. What would be the next step? Trading standards? Small claims? I don't want to sound threatening, though. But I don't think it is reasonable for a handbag costing £155 to begin to break up after less than 3 months' normal use...or is it? I would really appreciate MSE's advice.

Thanks xx

If they do not replace the handbag write to them recorded delivery. Point out the bag is not fit for purpose and not of merchantable quality and you want a refund/replacement. Tell them if they don't deal with your request satisfactorily within 10 days you will go to the Small Claims Court. If you paid using a credit card copy your card company in on the letter and let them know they are equally liable.

Regards,
Art.

Dodger61

I wonder you guys could help me with some advice.
I bought a TV for £995 16 months ago from Comet, after the screen went blank I called in Comets engineers who advised me it would cost £450 + 345 labour to replace. After contacting the store I was offered a £45 discount or £75 off my next Tv, both offers I have refused. I have sent them a LBA letter and now intend to take them to court under the SOGA. Can anyone advise me what to put on the court forms. And do you think I have a case to be won?
Appreciate your thoughts,
Thanks,

Art_2

Dodger61 wrote: »

I wonder you guys could help me with some advice.
I bought a TV for £995 16 months ago from Comet, after the screen went blank I called in Comets engineers who advised me it would cost £450 + 345 labour to replace. After contacting the store I was offered a £45 discount or £75 off my next Tv, both offers I have refused. I have sent them a LBA letter and now intend to take them to court under the SOGA. Can anyone advise me what to put on the court forms. And do you think I have a case to be won?
Appreciate your thoughts,
Thanks,

Why are they saying the TV failed?

Regards,
Art.

Dodger61

Hi Art,
Thanks for replying. The engineer said the screen had gone. ( thats the tube for old timers like me. ) It had burnt out.To replace it would cost £450 + £45 labour.
Thanks Art

bjor1978

Hi there,

I am wondering if anyone can help me.

My partner bought our daughter an electric guitar on 31st July. The guitar was second hand, but sold with a 3 month warranty.

We have now discovered that a switch on the guitar (changes tone from rhythm to treble) does not work. In my opinion this could be considered a minor fault. The shop have offered to repair the fault.

However, I would like to return the product for a full refund.

The terms of the company (According to their website) are slightly ambiguous.
[http://www.guitarampkeyboard.com/terms.php]

Can I claim a full refund?

Thanks.
B

Art_2

bjor1978 wrote: »

Hi there,

I am wondering if anyone can help me.

My partner bought our daughter an electric guitar on 31st July. The guitar was second hand, but sold with a 3 month warranty.

We have now discovered that a switch on the guitar (changes tone from rhythm to treble) does not work. In my opinion this could be considered a minor fault. The shop have offered to repair the fault.

However, I would like to return the product for a full refund.

The terms of the company (According to their website) are slightly ambiguous.
[http://www.guitarampkeyboard.com/terms.php]

Can I claim a full refund?

Thanks.
B

It doesn't seem ambiguous to me. Why would you want to return the goods and get a refund?

If they are offering a repair I think this is reasonable on second hand goods. Accept their offer.

Regards,
Art.

Dodger61

Hi Art,
Any advice on my previous posting.
Regards,
Dodger

Art_2

Dodger61 wrote: »

Hi Art,
Thanks for replying. The engineer said the screen had gone. ( thats the tube for old timers like me. ) It had burnt out.To replace it would cost £450 + £45 labour.
Thanks Art

Write to Comet's head office with a copy to the local store, recorded delivery. Tell them that you do not expect goods of this value to need major repair in 16 months and you are rejecting the goods as unfit for purpose. Tell them if they do not repair the TV free of charge within the next 10 days you will go to the Small Claims Court. If you paid by credit card send them a copy of your letter and point out that they are also liable.

Regards,
Art.

Dodger61

Appreciate your thoughts Art,
Things have moved on a bit. I am in the process of taking them to court online. Would you put the claim down as £995, the cost of the TV and let the court knock me back for wear n tear? I had the manager of Comet phone me up offering me £75 off a new TV or £45 towards the cost of the repair. I rejected both offers,
Thank you Art